N THIPPANNA Vs. STATE OF KARNATAKA
HIGH COURT OF KARNATAKA
STATE OF KARNATAKA
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(1.) An advocate of this Court practising in the city of Bellary who is the petitioner, is espousing the cause of a large number of graduates residing in the territorial area of the newly established Gulbarga University (hereinafter referred to as the 'University').
(2.) Prior to 24-5 1980, the Karnataka University, with its headquarters at Dharwar, initially founded by the erstwhile State of Bombay, under an enactment called the Karnataka University Act, 1949 (Bombay Act 20 of 1949) but came to be governed by an uniform Act, called the Karnataka State Universities Act, 1976 (Kar. Act 28 of 1976) (hereinafter referred to as the 'Act'), exercised jurisdiction over the revenue districts of Belgaum, Bellary, Bidar, Bijapur, Dharwar, Gulbarga, North Kanara and Raichur (vide S. 3 (b) of the Act). On 24-5-1980 the Governor of Karnataka, promulgated the Karnataka State Universities (Amendment) Ordinance, 1980 (Kar. Ordinance No. 4 of 1980) later replaced by the Kar. State Universities (Amendment) Act, 1980 (Kar. Act No. 25 of 1980), inter alia providing for the establishment of two more Universities in the State, one of them called 'the Gulbarga University' with its headquarters at Gulbarga to exercise jurisdiction over the revenue districts of Bellary, Bidar, Gulbarga and Raichur with effect from 10-9-1980.
(3.) The Act inter alia provides for the constitution of an authority called 'Senate' consisting of nominated members by virtue of their office and elected members (vide S, 21 of the Act). Sub sec. (20) of S. 2i of the Act provides for seven elected representatives, one each rspresenting Law, Engineering, Medicine, Commerce and three representing other than the above (hereinafter referred to as 'general Constituency'). Sub sec. (2') of S. 21 provides for one woman registered graduate to be elected by the registered graduates.;
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